Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 5 -- Setting aside of arbitral award - Condonation of delay - All the four awards were sent to the appellant by registered post with A/D and presumption is that he was served unless such presumption is rebutted by the appellant - Even, appellant only denied receiving of copy of the award in..........
Arbitration and Conciliation Act, 1996, Section 9 -- Restraining respondents from encashing Bank Guarantee - Bank Guarantee in question in the nature of performance guarantee furnished for execution of work of contract - Since work having been completed to the satisfaction of respondents, they had no right to encash the Bank Guarantee - Moreover, sum claimed by respondents..........
Arbitration and Conciliation Act, 1996, Section 36 -- Torts - Arbitral award - Enforcement - Partial Final Award (PFA) - Appellant directed to execute the deed of transfer and assignment of patent in favour of award holder/respondent - Appellant did not commit any default in complying with the direction of said award - If respondent failed to act based on final transfer..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Jurisdiction of Court u/s 11 of the Act is limited and confined to examine as to whether there is an arbitration agreement between the contracting parties and, if so, whether any dispute has arisen between them out of such agreement which may call for appointment of arbitrator to decide such..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Finding on merits of controversy - Not required while making reference to arbitration - Arbitrator not to be influenced by any such finding or observations made...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Work contract - Arbitral tribunal awarded claims to respondent claimant after considering the facts of case - Assessment made by Arbitral Tribunal as affirmed by High Court was definitely within its jurisdiction - Construction of terms of a contract is primarily for an Arbitrator or..........
Arbitration and Conciliation Act, 1996, Section 8, Companies Act, 1956, Section 397, 398 -- Winding up - Arbitration clause - Not attracted to winding up proceedings...........
Arbitration and Conciliation Act, 1996, Section 8, Companies Act, 1956, Section 397, 398 -- Jurisdiction of Arbitrator - Winding up - Relief can be granted even contrary to any Articles of Association which an Arbitrator cannot do as he is a creature of the contract i.e. Articles of Association...........
Arbitration and Conciliation Act, 1996, Section 34, Civil Procedure Code, 1908, Section 151 -- Setting aside of arbitral award - Condonation of delay - Delay of 159 in re-filing petition - As per S.34(3) of the Act after expiry of 30 days after statutory period of three months, delay of even one day cannot be condoned - Moreover, S.151 CPC cannot be used as tool to..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of Arbitrator - Arbitration clause in Engagement letter - Pleading that Respondent not naming an arbitrator inspite of request of petitioner not controverted - Held, in the absence of any counter from respondent, averments in petition must be taken to be correct at least for the purpose of deciding..........
